Enterprise Bargaining

Strike action

As you may be aware, recent negotiations over the enterprise agreement have failed to secure an agreement between Monash University and the NTEU particularly on the quantum or agreed salary increase. As a result the NTEU have advise they will be undertaking strike action on Thursday the 16th September. Staff were advised of this in a global email from Professor Alan Lindsay on the 13th September 2004.

Pay arrangements for staff who DO NOT participate in strike action
The University has a legal obligation to comply with the Workplace Relations Act 1996. In particular, section 187AA of the Act prohibits an employer from making a payment to an employee in relation to a period during which the employee engaged in industrial action

As the University is prohibited from paying staff who engage in industrial action on Thursday 16th September, those staff who DO NOT participate in industrial action are required to notify the University by Friday 24th September on the appropriate form below.

• Form for Staff who did not participate in industrial action (MSWord)
• Guidelines for staff not participating in industrial action (MSWord)

Guidelines in relation to picket lines

It is anticipated that there will be picket lines at the entrances to campuses of the University on Thursday 16th September. The following guidelines have been prepared in order to assist staff members who do not participate in the industrial action to deal with picket lines. It should be noted that these guidelines have not been agreed with the NTEU but the university has distributed similar guidelines on previous days of strike action. They are based on guidelines issued by other universities and reflect common practice for picket line arrangements generally.

• Guidelines to assist staff in relation to picket lines (MSWord)
• Hints for dealing with picket lines at Clayton campus (MSWord)

OHS&E Guidelines

The OHS&E Unit has produced guidelines to address issues resulting from a day of industrial action.

• OHS&E Guidelines (MSWord)

Strike on Thursday 16 September

Monday, 14th September 2004

Dear Colleagues,

I am writing to advise that following a further enterprise bargaining meeting this morning, the university and the NTEU have been unable to reach agreement on a salaries outcome for this round of enterprise bargaining. All other items are, the university believes, either agreed or capable of being agreed once agreement on salaries is reached.

The university’s salary offer is 15.5 per cent + $500 (this equates to an approximate flat increase at university average salary levels of around 16.35 per cent or some 17.4 per cent compounded), with the last payment to be paid around 30 June 2006. This makes the university’s offer the highest guaranteed pay offer or outcome amongst Victorian universities.

As a result of agreement not being reached, the NTEU has advised that there will be members’ meetings today and tomorrow with the likelihood of a 24-hour strike on Thursday 16 September 2004. Should the strike proceed, details of pay adjustment arrangements and other administrative matters associated with the strike will appear shortly on the university’s web page at www.monash.edu.au/entbarg/.

I am pleased to report that the second 2 per cent salary increase for 2004 (in accordance with the university’s current salary offer) will be paid administratively on payday Thursday 16 September.

Dear Colleagues,

As staff would be aware, the NTEU have advised that they intend to call a 24 hour strike on Thursday this week, 16 September 2004 at all campuses of the university.

The university is always in a dilemma as to how best to administer pay reduction arrangements for staff who go on strike. Section 187AA of the Workplace Relations Act prohibits an employer from making a payment to an employee engaging in industrial action. In practice, when industrial action is on a “Monash specific” matter, the university has in the past required that all staff who wish to be paid provide a certification that they were not on strike on that day.

On some occasions, such as short stop-work meetings or where the strike is more in the nature of national protest action, the university has used an alternative mechanism where the university has accepted reports from supervisors as to which of their staff was on strike on a particular day. This approach creates administrative and compliance difficulties, particularly when a staff member’s supervisor elects to participate in strike action.

Whilst it is acknowledged that not every staff member is happy with either method of reporting, on balance and to ensure compliance, the university has decided that it will require those staff who do not take industrial action on Thursday 16 September 2004 to certify that they were not on strike on that day.

The form to certify attendance which needs to be completed to ensure pay is not deducted is at the university’s enterprise bargaining website www.monash.edu.au/entbarg/. Once completed and authorised by your supervisor/nominee of supervisor, the form should be returned to HR Services for processing. A reminder message on the need to complete the form if you wish to be paid will appear on payslips on payday Thursday 30 September 20004. Administrative action to deduct pay will not be enacted until payday 28 October 2004 (at the earliest).

These arrangements only impact on academic and general staff, they do not presently apply to trades and services staff.

Finally on the strike day, there will likely be NTEU picket lines on each campus of the university. University Guidelines (based on past practice) in relation to picket lines are also available at www.monash.edu.au/entbarg/

Alan Lindsay

Deputy Vice-Chancellor (Academic)